THE ROBING ROOM

The 3rd Circuit reversed Judge Greenway on granting the defendant's motion to suppress a search which found a gun. The basis of the District Court’s ruling to suppress the handgun here was its initial presumption that the officers seized Crandell within the meaning of the Fourth Amendment. In presuming that a Fourth Amendment seizure occurred, the Court did not evaluate the facts and circumstances surrounding the encounter, but instead reasoned that the anonymous tip tainted the approach and negated the possibility of consensual interaction between the police officers and Crandell. (The case number is No. 07-4004.) This judge is far too lenient in sentencing and granting motions to suppress.